DSAC-LDR Subcommittee Agenda 09/15/2020C;Ofler County2020 Land Development
700 Code Amendments
Growth Management Department
- Public Meeting -
Development Services Advisory Committee
Land Development Review Subcommittee
Tuesday, September 15, 2020
2:00 p.m. — 5:00 p.m.
2800 N. Horseshoe Dr., Naples, FL — GMD Building
Conference Room 609/610
Meeting Purpose:
To obtain a
recommendation
from the
Subcommittee
regarding several
LDC amendments
Agenda:
1. Call to order
2. Approve Agenda
3. Old Business
4. New Business
a. PL20200001703 - CHP Implementation — Regulatory
Relief
b. PL20200001627 — Public Utility Ancillary Systems
c. PL20200001706 — Definition of Lifestyle Signs
d. PL20200001721— Communication Towers in Estates
Districts
e. PL20200001602 — 2020 Scrivener's Errors
5. Public comments
6. Adjourn
News Release Posted September 2, 2020
For more information please contact Jeremy Frantz at (239) 252-2305 or Jeremy.Frantz@colliercountyfl.gov
PETITION
PL20200001703
Collier
co"nty
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
ORIGIN
Community and Human
Services Division
HEARING DATES
BCC
TBD
CCPC
TBD
DSAC
TBD
DSAC-LDR 09/15/2020
SUMMARY OF AMENDMENT
This amendment proposes relief from certain design standards for
Housing that is Affordable pursuant to the Community Housing Plan
recommendations.
LDC SECTION TO BE AMENDED
4.02.39 Design Deviations for Housing that is Affordable (New
Section)
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND
At the October 9, 2018 Board of County Commissioners meeting the Board provided direction upon the
final recommendations of the Collier County Housing Plan. As part of that review, the Board directed
staff to prepare Growth Management Plan (GMP) and Land Development Code (LDC) amendments on
five specific initiatives identified within the Housing Plan:
1. Regulatory relief for affordable housing applications
2. Streamline commercial to residential conversions
3. Incentivize mixed income residential housing in future and redeveloped Activity Centers
4. Create a Strategic Opportunity Sites designation process and allow for increased density
5. Increase density along transit corridors
The first Initiative, regulatory relief for affordable housing applications, seeks to evaluate cost saving
measures identified in the Collier Housing Plan to provide for relief from specified processes and
standards to increase certainty and cost savings for projects that include housing that is affordable. In
addition to the areas identified within the Housing Plan, the Housing team in coordination with a
development industry stakeholder's group worked to identified and recommended other areas of
potential cost savings relief for housing that is affordable. The approach tries to ensure that the quality
of the project does not suffer from a functional or aesthetic standpoint, while allowing the overall cost
of each unit in the project to be reduced, and therefore increasing the potential for future projects to
increase the supply of housing that is affordable.
The changes introduced with this initiative relate to the cost savings in terms of materials required and
standards imposed on projects that provide for housing that is affordable. As noted, the Community
Housing Plan identified a number of areas to be included for cost savings such as: limiting the number
of County reviews for various disciplines, removing the requirement for a generator as a lift station, and
only requiring sidewalks on one side of the street. These and additional areas of cost savings identified
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co ,er couvity
Growth Management Department
as part of a stakeholder think tank held February 21 st at the Habitat for Humanity's Offices formed the
basis for the relief being proposed.
It should be noted that all the initiatives directed by the Board at the October 81h, 2018 public hearing
could be classified under the premise of regulatory relief, but this initiative focuses upon specific design
components that can be identified as areas of relief, as well as certain process within the County review
that can be identified as potential cost savings. The full list of cost savings strategies was scrutinized by
the Consultant, Housing Staff and Growth Management Staff to find agreement on the specific relief
measures to be incorporated within the proposed LDC amendments contained within Initiative One.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no anticipated fiscal or operational To be provided by Comprehensive Planning Staff.
impacts to the County.
EXHIBITS: A) Exhibit Title
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Amend the LDC as follows:
2 4.02.39 — Design Deviations for Housing that is Affordable
4 A. The Collier County Growth Management Plan sets a priority on providing housing that is
5 affordable to keep pace with the rate of population growth and the need for housing that
6 is affordable to maintain economic viability within the County.
8 B. Deviations may be granted by the County Manager or designee from design and
9 Dermittina standards of this LDC listed below to further the obiective of increasina suDDly
10 of housina that is affordable. subiect to criteria of Section 4.02.39.C.
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1. Section 3.07.02.E — Local/internal roads that are privately maintained may be
designed to have no more than 6 inches of water for a 25-year, 3-day storm event,
and shall be designed so that surrounding properties will not be adversely
impacted by the proiect's influence on stormwater sheet flow up to the 25 year, 3-
day design storm.
2. Section 4.06.05.A.1 - Single-family and single-family attached developments are
exempt from providing one canopy tree per 3,000 square feet of pervious open
space per lot. Protects are encouraged to implement a Street Tree Plan per
section 4.06.05A.1.a with a mix of canoDv or non-canoDv trees as an alternative.
3. Section 6.06.01.S, 10.02.02.A.11 & Appendix B - For all local/internal roads that
are privately maintained, alternative design, including inverted crown, may be
allowed if the alternative is based on sound engineering practices and the
alternative is no less consistent with the health, safetv and welfare of abuttina
landowners and the general public than the standard typical, subject to approval
by Public Utilities and Transportation Planning.
4. Section 6.06.02.A.2 & F - For local/internal accessways that are privately
maintained, the minimum sidewalk width shall be four feet, which can be of
concrete or asDhalt material and shall be constructed over a comDacted subarade.
5. Section 6.06.02.C.-E - Payment -in -lieu of construction of external sidewalks, bike
lanes and pathways may be deferred to be paid by grant funding or assessment
at the time that the County constructs sidewalks, bike lanes or pathways within the
public or private right-of-way or easement adjacent to the site.
6. Section 10.02.03.A.3 - Three-family housing structures proposed on a lot(s) of
record are exempt from the Site Development Plan provisions of LDC Section
10.02.03.
7. Section 10.02.04.0 - For single-family and attached single-family developments,
the clubhouse facility may be included within the construction plans and final
subdivision plats.
8. Section 10.02.08. 1.2. — The set -aside of land or dedication of land for a public
water well at time of rezoning is not required, unless it is needed because the
existing utility system cannot supply the development per the adopted level of
service standard for potable water.
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C. Criteria for design deviations for housing that is affordable. The County Manager or
designee shall grant requested deviations allowable per Section 4.02.39.13. at time of
development permitting when the following criteria are met:
1. Compatibility.
a. Setbacks from all project boundaries that abut property zoned or developed
for single family residential use shall be a minimum of one foot (setback)
per one foot maximum zoned height.
Maximum Zoned Height
15' Type "B"
Landscape Buffer
1 to 1 Setback to Height Ratio
b. For protects of more than three units, the required buffer for all protect
boundaries that abut property zoned or developed for single family
residential use shall be a 15 foot wide Type "B" landscape buffer per LDC
Section 4.06.02.
#10 SHRUBS, 4' O.L. W H16H AT PLANTING
25' O,C.
15'
Type "B" Landscape Buffer
2. Affordability. To qualify for the design deviations of this section, projects shall
meet the reauirements and execute one of the followina to maintain affordabilitv:
a. Affordable Housing Density Bonus (AHDB) Agreement per Section
2.06.00: or
Affordable Housing Impact Fee Deferral Agreement per Code of
Ordinances Article IV of Chaster 74: or
C. PUD commitment or Developer's Agreement (DA) for units that serve
households at the income levels identified in Section 2.06.00, or units that
are priced within the limits established in the Collier County Housing
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Demand Methodology, as update yearly or Board approved Table of Rental
Rates, as updated yearly.
# # # # # # # # # #
L:\LDC Amendments\Current Work\Community Housing Plan Implementation\Initiative 1 - Regulatory Relief\4.02.39 Design
Deviations for Housing that is Affordable 09-08-2020.docx
Collier
co"nty
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION SUMMARY OF AMENDMENT
PL20200001627 This amendment modifies the setback requirements for fences and walls
enclosing Public Utility Ancillary System (PUAS) facilities.
ORIGIN
Public Utilities
Department
HEARING DATES LDC SECTION TO BE AMENDED
BCC TBD 5.05.12 Specific Standards for Public Utility Ancillary Systems in
CCPC TBD Collier County
DSAC TBD
DSAC-LDR 09-15-20
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND
The Land Development Code (LDC) defines Public Utility Ancillary Systems as "The individual or collective
appurtenant equipment and structures owned or operated by a public or quasi -public entity which are integral to
treatment facilities that provide raw water, potable water, irrigation quality (IQ) water and wastewater services."
Older PUAS locations are often constrained in size and cannot accommodate new equipment and site requirements
within a fence or wall enclosure that maintains minimum setback requirements. Additionally, the current maximum
fence and wall height is frequently insufficient to screen equipment.
This amendment removes the minimum height and increases the maximum height to ten feet for a fence or wall,
maintains the existing setback of five feet from adjacent property and right-of-way lines for a fence or wall enclosing
new PUAS facilities, and exempts a fence or wall enclosing existing PUAS facilities from the five-foot minimum
setback. Exhibit A shows examples of existing pump stations where a five-foot minimum setback would preclude
construction of a wall or fence within the existing easement.
The amendment also relocates the fence and wall height standard out of the setback requirement subsection LDC
5.05.12 B.3 to a new LDC section 5.05.12 C and enumerates the remaining sections.
Lastly, a cross reference to LDC section 10.02.03 has been added to clarify when a site development plan or site
improvement plan requires an insubstantial change.
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CO#1e-r CO-9.nty
Growth Management Department
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no anticipated fiscal or operational To be provided by Comprehensive Planning Staff.
impacts associated with this amendment.
EXHIBITS: A) Pump Stations 316.01 and 317.01
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Amend the LDC as follows:
5.05.12 — Specific Standards for Public Utility Ancillary Systems in Collier County:
A. Applicability. When water and wastewater is conveyed through physically connected
infrastructure to or from a public or quasi -public treatment facility, the system of physically
interconnected infrastructure, including but not limited to raw water wells, pump stations,
water and wastewater storage tanks, vaults, valves, antennas, and other appurtenant
equipment, shall be considered to be collectively located onsite as that term is to be
applied in the GMP CCME Policies 6.1.1 and 6.1.2, and any implementing land
development regulations. Applicable designs for public utility ancillary systems selected
from the Collier County Utility Standards Manual shall be submitted for appropriate County
staff review of the following requirements.
B. Setback Requirements
3. Fences and walls enclosing public utility ancillary systems must R;eet the fGIIG" ORg
sots installed after [effective date of this ordinancel shall be setback five feet
from adjacent property and right-of-way lines. For those public utility ancillary
systems installed prior to [effective date of this ordinancel or installed in utility
easements created prior to [effective date of this ordinancel, there will be no
minimum setback for fences and walls.
d 7
A � ON 11 e
C. Fences and walls enclosing public utility ancillary systems shall not exceed ten feet in
height unless an administrative fence waiver is approved in accordance with the LDC
section 5.03.02.
SD. Public utility ancillary system site access:
Direct access from public ways shall be limited to one (1) access point and must
otherwise comply with the requirements of LDC Ssection 4.04.02
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2 Access from an easement must provide legal access to a public or approved
private way. Access from an existing public way to an easement must otherwise
comply with the requirements of LDC Ssection 4.04.02.
BE. Prior to County approval of any public utility ancillary system site under this Code, the
applicant shall obtain permits from SFWMD, FDEP or other state or federal agency having
jurisdiction over the intended use if such permits are required.
€F. Stormwater management and environmental resource permits for public utility ancillary
system sites shall be governed by the requirements of SFWMD or FDEP, and if approval
is granted for the public utility ancillary system by SFWMD or FDEP under those
requirements, or said requirements are deemed not applicable by SFWMD or FDEP due
to the de minimus size or nature of the public utility ancillary system site as verified in
writing by SFWMD or FDEP, the project may be considered for a waiver from the
requirements of LDC Ssection 10.02.02 A.
1=G. Landscaping and buffering shall conform to the requirements of LDC Ssection 4.06.05 B.
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GH. Site planning review and approval for public utility ancillary systems must follow the
requirements of an insubstantial change to a Site Development Plan or Site Improvement
Plan review process as required in LDC section 10.02.03, providing water, wastewater or
irrigation quality water from such public utility ancillary system is conveyed through
physically connected infrastructure to a public or quasi -public treatment facility. The
system of physically inter -connected infrastructure and wells may be considered to be
collectively located "on -site".
# # # # # # # # # # # # #
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Exhibit A- Pump Stations 101.16 and 305.17
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L:\LDC Amendments\Current Work\PUAS Setbacks (PL20200001627)\Drafts\5.05.12 Public Utility Ancillary Systems in Collier
County 09-04-20.docx
Exhibit A- Pump Stations 101.16 and 305.17
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County 09-04-20.docx
Collier
co"nty
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200001706
ORIGIN
Growth Management
Department
HEARING DATES
BCC TBD
CCPC TBD
DSAC TBD
DSAC-LDR 09/15/2020
SUMMARY OF AMENDMENT
This Land Development Code (LDC) amendment shall establish a new
definition for a lifestyle sign in the Collier County's Sign Code. It shall
clarify the difference between a lifestyle sign and a real estate sign.
LDC SECTION TO BE AMENDED
5.06.00 Sign Regulations and Standards by Land Use Classification
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND:
This LDC amendment creates a new definition in the LDC for lifestyle signs. By creating this definition, staff
can better differentiate between real estate and lifestyle signs. On June 9, 2020, the Board of County
Commissioners (Board) reviewed the Hyde Park Village Stewardship Receiving Area (SRA-PL20180000622).
This petition included a deviation from the real estate sign provisions of LDC section 5.06.02 B.2. This code
section was cited as the basis for requesting a deviation to allow for four "lifestyle signs." However, staff was not
in favor of this deviation. As stated in staff s executive summary, lifestyle signs "are not real estate signs. They
are advertising signs and a prohibited sign type." Staff recommended denial of the deviation and instead
recommended clarifying the definition of real estate signs in the LDC (see Exhibit A). The petitioner withdrew
the deviation prior to the Board casting their vote.
Real estate signs, which are considered nonpermanent signs, are provided to property owners and their agents as
a means for advertising a desired transaction involving real property, such as the sale, rental, or exchange of land,
buildings, or other improvements. Examples of real estate signs are included in Exhibit B. The LDC already
contains provisions for real estate signs, which include but are not limited to regulating their maximum number,
height, size, and duration for which they are allowed to exist on a given site.
Lifestyle signs, as shown in Exhibit C, contains similar content to real estate signs, but without the necessary
information regarding selling, renting, or exchanging land, buildings, and other improvements. Lifestyle signs
textually describe or graphically illustrate the buildings, amenities, or other site improvements, but they do not
indicate how to acquire, lease, or exchange such land, buildings, or improvements in the manner that real estate
signs do. The code allows real estate signs pursuant to LDC section 5.06.02 B.2.e and 5.06.04 D.S. However,
there are no provisions for lifestyle signs and consequently, they are prohibited. By defining lifestyle signs, the
LDC will now possess the necessary language to help alleviate any confusion between the two sign types.
G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Sep 15\Meeting Materials\Lifestyle Signs\Item 4.c. Definition of
Lifestyle Signs.docx
CO#1e-r CO-9.nty
Growth Management Department
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no anticipated fiscal or operational To be determined by Comprehensive Planning Staff
impacts associated with this LDCA. subsequent to first review.
EXHIBITS: A) Summary of Hyde Park Village SRA; B) Examples of Real Estate Signs; and C)
Examples of Lifestyle Signs
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Amend the LDC as follows:
5.06.00 — SIGN REGULATIONS AND STANDARDS BY LAND USE CLASSIFICATION
A. Definitions. The definitions of the following terms shall apply to the requirements of the
Land Development Code, in particular this section 5.06.00, to be known as the "Collier County
Sign Code."
* * * * * * * * * * * * *
Lifestyle sign: An on -premises sign containing an image or graphic illustration, text, or a
combination thereof, typically used to advertise a residential use or an amenity of a residential
use, such as the recreational facility. See Real Estate Sipn if the sign includes pricing, broker's
contact information, or other information related to advertising the sale, lease, or exchange of
buildinas or DroDerty.
# # # # # # # # # # # # #
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GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Sep 15\Meeting Materials\Lifestyle Signs\Item 4.c.
Definition of Lifestyle Signs.docx
Exhibit A — Summary of Hyde Park Village SRA
On June 9, 2020, the Board reviewed the Hyde Park Village Stewardship Receiving Area (SRA-
PL20180000622). This petition included a deviation from the real estate sign provisions of LDC
section 5.06.02 B.2. This section of the code was cited as the basis for requesting a deviation to
allow for four "lifestyle signs." The petitioner's proposed resolution indicated as follows:
A deviation from LDC Section 5.06.02.B.2., "Real Estate Signs," which identifies types
of permitted real estate signs, to instead allow, in addition to other permitted signs, a
maximum of 4 "Lifestyle Signs" located along Oil Well Road, leading to the project
entryway(s), and to also allow such signs interior to the development without limitation.
Lifestyle Signs shall be limited to a maximum of 18 square feet in size, 12 feet in height,
and shall be setback a minimum of 10 feet from Oil Well Road right-of-way and 5 feet
from internal roadways. Lifestyle Signs are intended to advertise lifestyle amenities
within the Hyde Park Rural Village, including but not limited to clubhouse(s), fitness
center, sports and recreational facilities, and so forth. Such signs may be permitted
initially for up to 10 years and may be extended for up to two additional years, upon
demonstration by the developer that there is need based upon the remaining number of
residential lots for sale within the Village. This deviation is a general deviation. The
exact location is not known.
In the executive summary, staff recommended denial of the requested deviation, arguing that
lifestyle signs "are not real estate signs. They are advertising signs and a prohibited sign type.
Staff recommends denial of this deviation." The staff report further indicated as follows:
Staff is not supportive of this deviation and will not permit lifestyle signs. Zoning and
Development Review staff recommends DENIAL of this deviation, finding that in
compliance with LDC Section 4.08.07 J.8.(b), the petitioner has not demonstrated that
"the deviations are consistent with the RLSA Overlay" and LDC Section 4.08.07.18(b),
the petitioner has not demonstrated that the deviation(s) "further enhances the tools,
techniques, and strategies based on principles of innovative planning and development
strategies, as set forth in § § 163.3177 (11), F.S.
Staff requested guidance from the Board to conduct a future LDC amendment, with the intent to
further analyze and clarify the real estate sign. Prior to the Board's vote, the petitioner agreed to
delete the requested deviation involving lifestyle signs. The Board then voted in favor of the
petition, and the adopted resolution (Resolution 2020-102) omits this deviation.
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G:\LDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Sep 15\Meeting Materials\Lifestyle Signs\Item 4.c.
Definition of Lifestyle Signs.docx
Exhibit B — Examples of Real Estate Signs
GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Sep 15\Meeting Materials\Lifestyle Signs\Item 4.c.
Definition of Lifestyle Signs.docx
Exhibit B — Examples of Real Estate Signs
GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Sep 15\Meeting Materials\Lifestyle Signs\Item 4.c.
Definition of Lifestyle Signs.docx
Exhibit B — Examples of Real Estate Signs
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GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Sep 15\Meeting Materials\Lifestyle Signs\Item 4.c.
Definition of Lifestyle Signs.docx
Exhibit B — Examples of Real Estate Signs
GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Sep 15\Meeting Materials\Lifestyle Signs\Item 4.c.
Definition of Lifestyle Signs.docx
Exhibit C — Examples of Lifestyle Signs
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GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Sep 15\Meeting Materials\Lifestyle Signs\Item 4.c.
Definition of Lifestyle Signs.docx
Exhibit C — Examples of Lifestyle Signs
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GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Sep 15\Meeting Materials\Lifestyle Signs\Item 4.c.
Definition of Lifestyle Signs.docx
Exhibit C — Examples of Lifestyle Signs
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GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Sep 15\Meeting Materials\Lifestyle Signs\Item 4.c.
Definition of Lifestyle Signs.docx
Exhibit C — Examples of Lifestyle Signs
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GALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Sep 15\Meeting Materials\Lifestyle Signs\Item 4.c.
Definition of Lifestyle Signs.docx
Collier
co"nty
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200001721
Origin
Growth Management
Department
SUMMARY OF AMENDMENT
This amendment implements the Golden Gate Area Master Plan (GGAMP)
to allow cellular towers as a conditional use in the Estates (E) Zoning
District on parcels that are a minimum of 2.25 acres and located adjacent
to collector or arterial roads. It also corrects a few cross references.
HEARING DATES LDC SECTIONS TO BE AMENDED
BCC TBD 2.03.01 Agricultural Districts
CCPC TBD 5.05.09 Communication Towers
DSAC TBD
DSAC-LDR 09/15/20
ADVISORY BOARD RECOMMENDATIONS
DSAC-LDR DSAC CCPC
TBD TBD TBD
BACKGROUND
When the GGAMP amendments were adopted in the Growth Management Plan (GMP) on September 24, 2019,
new provisions for various types of conditional uses were added to the Urban and Rural Golden Gate Estates Sub -
elements of the GGAMP. One such provision is the "Special Exceptions to Conditional Use Locational Criteria"
—Urban Section (B.1.A.3.e.5.) and Rural Section (B.1.A.3.d.4.). It states the following:
"Conditional Use for a cellular tower is allowed in the Estates Zoning District only on parcels no
smaller than 2.25 acres and adjacent to a roadway classified within the Transportation Element as
a Collector or Arterial. "
This amendment originated from a solid majority of residents surveyed, both in the rural Estates and the urban
Estates, that had indicated dissatisfaction with existing cellular service. Over 75% of the rural Estates residents
surveyed believed that communication towers should be conditional uses, and available at any location in the
Estates. The proposed amendment shall allow cellular service to increase after the approval of new
communication towers.
By LDC section 2.01.03 A 4, communication towers are deemed permitted uses in all zoning districts, except
CON districts, RFMU sending lands, NRPAS, HSAS, and FSAS and ".... limited to those providing wireless
emergency telephone service, subject to all applicable provisions in section 5.05.09 of this Code." However,
LDC section 5.05.09 G.1 states "....no new tower of any height shall be permitted in the RSF-1 through RSF-6,
RMF- 6, VR, MH, TTRVC and E Zoning districts." The proposed amendment shall rectify this inconsistency,
put into effect the GGAMP new provision, and provide for new communication towers to be allowed as a
conditional use in the Estates Zoning District.
The Transportation Element of the GMP's maps depict all of the collector and arterial roads throughout the
County. These roadway maps display where new communication towers can be located. See Exhibit A.
In LDC section 5.05.09 G.1, the cross reference to LDC section 5.05.09 F.7 should read 5.05.09 G.7 which does
address separation requirements and the second cross reference to LDC section 5.05.09 ((F) 3) should read 5.05.09
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CO#1e-r COUHty
Growth Management Department
G 3 which does address essential services sites.
In LDC section 5.05.09 G.3 another scrivener error is corrected by inserting a period after the words "Essential
services -Specified conditional uses".
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no anticipated fiscal or operational To be provided by Comprehensive Planning Staff.
impacts to the County associated with this
amendment. The amendment can have fiscal
impacts on property owners in the Estates
who will be eligible to apply for Conditional
Use approval of communication towers.
EXHIBITS: A) GMP Transportation Element Maps
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DRAFT
Amend the LDC as follows:
Text underlined is new text to be added
Text str'Lethrn nh 'c currono text to he deleted
2.03.01 — Agricultural Districts:
* * * * * * * * * * * * *
B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands
for low density residential development in a semi -rural to rural environment, with limited
agricultural activities. In addition to low density residential development with limited
agricultural activities, the E district is also designed to accommodate as conditional uses,
development that provides services for and is compatible with the low density residential,
semi -rural and rural character of the E district. The E district corresponds to and
implements the estates land use designation on the future land use map of the Collier
County GMP, although, in limited instances, it may occur outside of the estates land use
designation. The maximum density permissible in the E district shall be consistent with
and not exceed the density permissible or permitted under the estates district of the future
land use element of the Collier County GMP as provided under the Golden Gate Master
Plan.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the estates
district (E).
a. Permitted uses.
* * * * * * * * * * * * *
C. Conditional uses. For Estates zoning within the Golden Gate Estates
subdivision, the Golden Gate Area Master Plan in the GMP restricts the
location of conditional uses. The following uses are permissible as
conditional uses in the estates district (E), subject to the standards and
procedures established in LDC section 10.08.00:
* * * * * * * * * * * * *
8. Essential services, as set forth in LDC subsection 2.01.03 G.
9. Model homes and model sales centers, subject to compliance
with all other LDC requirements, to include but not limited to
section 5.04.04.
10. Ancillary plants.
11. Public schools without an agreement with Collier County, as
described in LDC section 5.05.14. Additional standards in LDC
section 5.05.14 shall also apply.
12. Communication towers up to specified heights, subject to LDC
section 5.05.09.
* * * * * * * * * * * * *
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1'F 1'F f1' i1' i1'
5.05.09 — Communication Towers
G. Development standards for communication towers.
Except to the extent that amateur radio towers, and ground -mounted antennas
with a height not to exceed twenty (20) feet, are exempted by subsection 5.05.09
herein, no new tower of any height shall be permitted in the RSF-1 through RSF-
6, RMF-6, VR, MH, TTRVC, and E zoning districts. However, notwithstanding other
provisions of this section, including the separation requirements of subsection
5.05.09 { } G.7. below, towers may be allowed to any height as a conditional
use in the Estate �E) zoning district only on parcels designated as Urban or Rural
Golden Gate Estates Sub -Element in the Golden Gate Area Master Plan or sites
approved for a specified essential service listed in subsection 5.05.09 "((F=)(3) G.3.
below. There shall be no exception to this subsection except for conditional use
applications by a government for a governmental use.
3. Essential services —Specified conditional uses. Except in the RSF-1 through
RSF-6, and RMF-6 zoning districts, towers may be allowed to any height as a
conditional use on sites approved for a conditional use essential service for any
of the following conditional uses: safety service facilities including, but not
necessarily limited to, fire stations, sheriffs substation or facility, emergency
medical services facility, and all other similar uses where a communications
tower could be considered an accessory or logically associated use with the
safety service conditional use on the site. In addition, communications towers
can be approved as a conditional use for a stand-alone essential service facility,
provided the tower is to be owned by, or to be leased to, a governmental entity,
and the primary uses of the tower are for governmental purposes.
7. With the exception of rooftop towers and towers on essential services sites, each
new communication tower shall meet the following separation requirements:
a. Each new tower that exceeds 185 feet in height shall be located not less
than two and one-half (2.5) times the height of the tower from all RSF-1
through RSF-6, and RMF-6 zoning districts, including PUDs where the
adjacent use(s) is/are, or comparable to, the RSF-1 through RSF-6 and
RMF-6 zoning districts. If a part of a PUD is not developed, and it is
inconclusive whether the part of a PUD area within such minimum
separation distance from the proposed tower site may be developed with a
density of six (6) units per acre or less, it shall be presumed that the PUD
area nearest to the proposed site will be developed at the lowest density
possible under the respective PUD.
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DRAFT Text underlined is new text to be added
Text str'Lethrn nh 'c current text to he deleted
In addition, each such new tower that exceeds a height of seventy-five (75)
feet, excluding antennas, shall be separated from all boundaries of
surrounding property zoned RMF-12, RMF-16, E, RT, VR, MH, TTRVC,H,
and the residential areas of PUDs with existing or planned densities greater
than six (6) units per acre by not less than the total height of the tower
including its antennas; and from all other surrounding property boundaries
by a distance not less than one-half (1/2) the height of the tower and its
antennas, or the tower's certified collapse area, whichever distance is
greater.
C. Communication towers in the Estate (E) zoning district shall be separated
from residentially zoned Drooerties as follows:
i. New towers up to 75 feet in height shall be located not less than the
total height of the tower and antennas from all residentially zoned
properties.
New towers over 75 feet in height shall be located not less than two
and one-half times the height of the tower and antennas, or the
certified collapse area, whichever distance is greater, from all
residentially zoned properties.
25. Communication towers in the Estate (E) Zoning District.
Communication towers are allowed on parcels designated as Urban or Rural
Golden Gate Estates Sub -element in the Golden Gate Area Master Plan and are
subject to the following:
a. The parcel is a minimum 2.25 acres and adjacent to an arterial or collector
road.
The service cannot be reasonably provided outside the Estates residential
area or be co -located on an existing tower with an effective radius.
C. All security and site lighting shall be less than 20 feet above grade, fully
shielded, and directed away from neighboring properties.
d. Fencing height and landscaping. Perimeter wall or fence height shall be
eight feet from finished grade of base supporting structure and no greater
than 10 feet. A minimum 15 feet landscape buffer along the perimeter of
wall or fence is required.
e. Equipment cabinets. Overall height of ground -mounted equipment or
eauipment enclosure shall not exceed 12 feet.
# # # # # # # # # # # # #
5
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Towers in Estates Districts 09-01-20 DSAC-LDR.docx
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Collier
co"nty
Growth Management Department
LAND DEVELOPMENT CODE AMENDMENT
PETITION
PL20200001602
ORIGIN
Growth Management
Department
HEARING DATES
BCC TBD
CCPC TBD
DSAC TBD
DSAC-LDR 09/15/20
DSAC-LDR
TBD
SUMMARY OF AMENDMENT
This amendment corrects scrivener's errors and updates cross references
related to various Land Development Code (LDC) sections, the Florida
Statues (F.S.) and Florida Administrative Code (F.A.C.) Chapter and Rule
citations.
LDC SECTIONS TO BE AMENDED
1.08.02 Definitions
2.03.01 Agricultural Districts
2.03.02 Residential Zoning Districts
2.03.03 Commercial Zoning Districts
2.03.05 Civic and Institutional Zoning Districts
2.03.07 Overlay Zoning Districts
2.03.08 Rural Fringe Zoning Districts
4.02.06 Standards for Development within the Airport Overlay (APO)
10.02.03 Requirements for Site Development, Site Improvement Plans and
Amendments thereof
10.02.05 Construction, Approval, and Acceptance of Required
Improvements
10.02.13 Planned Unit Development (PUD) Procedures
Appendix A -Standard Performance Security Documents for Required
Improvements
ADVISORY BOARD RECOMMENDATIONS
DSAC CCPC
TBD TBD
BACKGROUND
Staff has researched and reviewed 2019 Florida Statues and Florida Administrative Code citations for the definition
and use of the terms "Assisted Living Facility" (ALF) and "Family Care Facility" (FCF). The previous referenced
citations have been transferred over time and require correction throughout the respective residential and non-
residential zoning districts and the Santa Barbara Commercial Overlay District. The correct F.S. and F.A.C. citations
are listed in a Correction Table. See Exhibit A.
This amendment further corrects scrivener's errors and cross references in the following LDC sections:
Section 1.08.02: When the F.A.C. Chapter 59 A-36.10 was adopted, the word "supervisors" has been replaced with
"staff' for the definition of "Family Care Facility", and this change has been made.
Section 2.03.03 D.I.a.26: The word "texture" should read "textile."
Sections 2.03.08 A.2.a.(4)(b)(ii.a)iv) and 2.03.08 A.2.a.(4)(b)(ii.b)v): The reference to LDC section
4.02.01 should read 4.02.03 which is the appropriate section for the "Specific Standards for Location of
Accessory Buildings and Structures".
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LALDC Amendments\Advisory Boards and Public Hearings\DSAC-LDR\2020\Sep 15\Meeting Materials\4.e 2020 Scrivener Errors and Cross
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co ,er couv ty
Growth Management Department
Section 4.02.06 L.2.a: When Ordinance 19-35 was sent to FDOT for review, the FDOT-Aviation and
Spaceports Office representatives brought a discrepancy to staff s attention. The correct height is 499 feet
rather than 500 feet, and this change is consistent with the Federal Regulation Title 14, Part 77. See Exhibit
B.
Section 10.02.03 F.5: The reference to LDC section 10.03.06 Q should read LDC section 10.03.06 R,
which is the appropriate section for public notice and required hearings for "Site Plan with Deviations for
Redevelopment".
Section 10.02.05 B.2.a: The words "Competition Certificate" should read "Completion Certificate. ".
Section 10.02.13 I.: The reference to LDC sections "2.02.12 and 2.02.12D" should read "10.02.13 and
10.02.13 D".
Appendix A: Florida Statues 117.05 (4) provides for the notarial certificate requirements and F.S. 117.05
(13) provides the templates and acknowledgements in a representative capacity. For each respective
standard performance security document, the notarial acknowledgement is updated and replaced with the
generic notarial certificate requirement for conformity.
FISCAL & OPERATIONAL IMPACTS GMP CONSISTENCY
There are no anticipated fiscal or operational There are no anticipated Growth Management Plan
impacts associated with this amendment. impacts associated with this amendment.
EXHIBITS: A) F.S. and F.A.C. Correction Table
B) Federal Aviation Administration DOT: 14 CFR Section § 77.17(a)(1)
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Amend the LDC as follows:
1.08.02 Definitions
Assisted living facility: Any building(s), section of a building, distinct part of a building,
residence, private home, boarding home, or other place, whether operated for profit or
not, which undertakes through its ownership or management to provide for a period
exceeding 24 hours, housing, food service, and 1 or more personal services for 4 or more
adults, not related to the owner or administrator by blood or marriage, who require such
services and to provide limited nursing services, when specifically licensed to do so
pursuant to § 490.407 400.062 F.S. A facility offering personal services or limited nursing
services for fewer than 4 adults is within the meaning of this definition if it formally or
informally advertises to or solicits the public for residents or referrals and holds itself out
to the public to be an establishment that regularly provides such services.
* * * * * * * * * * * *
Family care facility: A residential facility designed to be occupied by not more than 6
persons under care, plus supervisers staff as required by subsection 10A 5.019,
ch.59A-36.010, F.A.C. and constituting a single dwelling unit (i.e., adult congregate living
facility for: aged persons; developmentally disabled persons; physically disabled or
handicapped persons; mentally ill persons; and persons recovering from alcohol and/or
drug abuse. Foster care facilities are also included, but not the uses listed under group
care facility (category II). This use shall be applicable to single-family dwelling units and
mobile homes.
* * * * * * * * * * * *
# # # # # # # # # # # # #
2.03.01 - Agricultural Districts.
A. Rural Agricultural District (A). The purpose and intent of the rural agricultural district (A) is
to provide lands for agricultural, pastoral, and rural land uses by accommodating
traditional agricultural, agricultural related activities and facilities, support facilities related
to agricultural needs, and conservation uses. Uses that are generally considered
compatible to agricultural uses that would not endanger or damage the agricultural,
environmental, potable water, or wildlife resources of the County, are permissible as
conditional uses in the A district. The A district corresponds to and implements the
Agricultural/Rural land use designation on the future land use map of the Collier County
GMP, and in some instances, may occur in the designated urban area. The maximum
density permissible in the rural agricultural district within the urban mixed use district shall
be guided, in part, by the density rating system contained in the future land use element
of the GMP. The maximum density permissible or permitted in A district shall not exceed
the density permissible under the density rating system. The maximum density permissible
in the A district within the agricultural/rural district of the future land use element of the
Collier County GMP shall be consistent with and not exceed the density permissible or
permitted under the agricultural/rural district of the future land use element.
The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the rural agricultural
district (A).
* * * * * * * * * * *
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C. Conditional uses. The following uses are permitted as conditional uses in the rural
agricultural district (A), subject to the standards and procedures established in LDC
section 10.08.00 and the Administrative Code.
* * * * * * * * * * * *
16. Group care facilities (category I and 11); care units; nursing homes; assisted
living facilities pursuant to 400.402 429.02 F.A.C.; and continuing care
retirement communities pursuant to § 651 F.S. and ch. 4-193 690-193
F.A.C., all subject to LDC section 5.05.04 when located within the Urban
Designated Area on the Future Land Use Map to the Collier County Growth
Management Plan.
* * * * * * * * * * * * *
B. Estate District (E). The purpose and intent of the estates district (E) is to provide lands for
low density residential development in a semi -rural to rural environment, with limited
agricultural activities. In addition to low density residential development with limited
agricultural activities, the E district is also designed to accommodate as conditional uses,
development that provides services for and is compatible with the low density residential,
semi -rural and rural character of the E district. The E district corresponds to and
implements the estates land use designation on the future land use map of the Collier
County GMP, although, in limited instances, it may occur outside of the estates land use
designation. The maximum density permissible in the E district shall be consistent with
and not exceed the density permissible or permitted under the estates district of the future
land use element of the Collier County GMP as provided under the Golden Gate Master
Plan.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the estates district (E).
* * * * * * * * * * * *
C. Conditional uses. For Estates zoning within the Golden Gate Estates
subdivision, the Golden Gate Area Master Plan in the GMP restricts the
location of conditional uses. The following uses are permissible as
conditional uses in the estates district (E), subject to the standards and
procedures established in LDC section 10.08.00.
* * * * * * * * * * * *
5. Group care facilities (category 1); care units, subject to the
provisions of LDC subsection 2.03.01 B.3.f; nursing homes;
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4-193 690-193 F.A.C.; all subject to
LDC section 5.05.04.
* * * * * * * * * * *
# # # # # # # # # # #
2.03.02 - Residential Zoning Districts
A. Residential Single -Family Districts (RSF-1; RSF-2; RSF-3; RSF-4; RSF-5; RSF-6). The
purpose and intent of the residential single-family districts (RSF) is to provide lands
primarily for single-family residences. These districts are intended to be single-family
residential areas of low density. The nature of the use of property is the same in all of
these districts. Variation among the RSF-1, RSF-2, RSF-3, RSF-4, RSF-5 and RSF-6
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districts is in requirements for density, lot area, lot width, yards, height, floor area, lot
coverage, parking, landscaping and signs. Certain structures and uses designed to
serve the immediate needs of the single-family residential development in the RSF
districts such as governmental, educational, religious, and noncommercial recreational
uses are permitted as conditional uses as long as they preserve , and are compatible
with the single-family residential character of the RSF district[s]. The RSF districts
correspond to and implement the urban mixed use land use designation on the future
land use map of the Collier County GMP. The maximum density permissible in the
residential single-family (RSF) districts and the urban mixed use land use designation
shall be guided, in part, by the density rating system contained in the future land use
element of the Collier County GMP. The maximum density permissible or permitted in
the RSF district shall not exceed the density permissible under the density rating
system, except as permitted by policies contained in the future land use element.
The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential single-
family districts (RSF).
* * * * * * * * * * *
C. Conditional uses. The following uses are permissible as conditional uses
in the residential single-family districts (RSF), subject to the standards and
procedures established in LDC section 10.08.00
* * * * * * * * * * *
7. Group care facilities (category 1); care units subject to the provisions
of LDC subsection 2.03.02 3.h; nursing homes; assisted living
facilities pursuant to § 400.402 429.02 F.S. and ch. 58A-5 59A-36
F.A.C.; and continuing care retirement communities pursuant to §
651 F.S. and ch. 4-193 690-193 F.A.C.; all subject to LDC section
5.05.04.
k
B. Residential Multi-Family-6 District (RMF-6). The purpose and intent of the
residential multi-family-6 district (RMF-6) is to provide for single-family, two-family and
multi -family residences having a low profile silhouette, surrounded by open space,
being so situated that it is located in close proximity to public and commercial services
and has direct or convenient access to collector and arterial roads on the county major
road network. The RMF-6 district corresponds to and implements the urban mixed use
land use designation on the future land use map of the Collier County GMP. The
maximum density permissible in the RMF-6 district and the urban mixed use land use
designation shall be guided, in part, by the density rating system contained in the future
land use element of the Collier County GMP. The maximum density permissible or
permitted in the RMF-6 district shall not exceed the density permissible under the
density rating system, except as permitted by policies contained in the future land use
element.
The following subsections identify the uses that are permissible by right and the uses that
are allowable as accessory or conditional uses in the RMF-6 district.
* * * * * * * * * * * *
C. Conditional uses. The following uses are permissible as conditional uses in the
RMF-6 district, subject to the standards and procedures established in LDC section
10.08.00.
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6. Group care facilities (category I and 11); care units; nursing homes; assisted
living facilities pursuant to § 400.402 429.02 F.S. and ch. 58A-5 59A-36
F.A.C; and continuing care retirement communities pursuant to § 651 F.S.
and ch. 4-193 690-193 F.A.C.; all subject to LDC section 5.05.04.
* * * * * * * * * * * * *
C. Residential Multi-Family-12 District (RMF-12). The purpose and intent of the residential
multi -family 12 district (RMF-12) is to provide lands for multiple -family residences having
a mid -rise profile, generally surrounded by lower structures and open space, located in
close proximity to public and commercial services, with direct or convenient access to
collector and arterial roads on the county major road network. Governmental, social, and
institutional land uses that serve the immediate needs of the multi -family residences are
permitted as conditional uses as long as they preserve and are compatible with the mid -
rise multiple -family character of the district. The RMF-12 district corresponds to and
implements the urban mixed use land use designation on the future land use map of the
Collier County GMP. The maximum density permissible in the RMF-12 district and the
urban mixed use land use designation shall be guided, in part, by the density rating system
contained in the future land use element of the Collier County GMP. The maximum density
permissible or permitted in the RMF-12 district shall not exceed the density permissible
under the density rating system, except as permitted by policies contained in the future
land use element.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential multi-
family-12 district (RMF-12).
* * * * * * * * * * * * *
C. Conditional uses. The following uses are permissible as conditional uses
in the residential multiple-family-12 district (RMF-12), subject to the
standards and procedures established in LDC section 10.08.00.
* * * * * * * * * * * * *
6. Group care facilities (category I and 11); care units; nursing homes;
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch.
58A-5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4-193 690-193 F.A.C.; all subject to
* * * * * * * * * * * * *
D. Residential Multi-Family-16 District (RMF-16). The purpose and intent of the
residential multi-family-16 district (RMF-16) is to provide lands for medium to high density
multiple -family residences, generally surrounded by open space, located in close proximity
to public and commercial services, with direct or convenient access to arterial and collector
roads on the county major road network. Governmental, social, and institutional land uses
that serve the immediate needs of the multiple -family residences are permitted as
conditional uses as long as they preserve and are compatible with the medium to high
density multi -family character of the district. The RMF-16 district corresponds to and
implements the urban mixed use land use designation on the future land use map of the
Collier County GMP. The maximum density permissible in the RMF-16 district and the
urban mixed use land use designation shall be guided, in part, by the density rating system
contained in the future land use element of the Collier County GMP. The maximum density
permissible or permitted in the RMF-16 district shall not exceed the density permissible
under the density rating system, except as permitted by policies contained in the future
land use element.
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1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential multi-
family-16 district (RMF-16).
* * * * * * * * * * * * *
C. Conditional uses. The following uses are permissible as conditional uses
in the residential multiple-family-16 district (RMF-16), subject to the
standards and procedures established in LDC section 10.08.00.
* * * * * * * * * * * * *
6. Group care facilities (category I and II); care units; nursing homes;
assisted living facilities pursuant to § 409.492 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4-193 690-193 F.A.C.; all subject to
LDC section 5.05.04.
* * * * * * * * * * * * *
E. Residential Tourist District (RT). The purpose and intent of the residential tourist district
(RT) is to provide lands for tourist accommodations and support facilities, and multiple
family uses. The RT district corresponds with and implements the urban mixed use district
and the activity center district in the urban designated area on the future land use map of
the Collier County GMP.
1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the residential tourist
district (RT).
* * * * * * * * * * * * *
C. Conditional uses. The following uses are permitted as conditional uses in
the residential tourist district (RT), subject to the standards and procedures
established in LDC section 10.08.00.
* * * * * * * * * * * * *
4. Group care facilities (category I and II); care units; nursing homes;
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch.
58A-5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4-493 690-193 F.A.C.; all subject to
LDC section 5.05.04.
* * * * * * * * * * * * *
F. Village Residential District (VR). The purpose and intent of the village residential district
(VR) is to provide lands where a mixture of residential uses may exist. Additionally, uses
are located and designed to maintain a village residential character which is generally low
profile, relatively small building footprints as is the current appearance of Goodland and
Copeland. The VR district corresponds to and implements the mixed residential land use
designation on the Immokalee future land use map of the Collier County GMP. It is
intended for application in those urban areas outside of the coastal urban area designated
on the future land use map of the Collier County GMP, though there is some existing VR
zoning in the coastal urban area. The maximum density permissible in the VR district and
the urban mixed use land use designation shall be guided, in part, by the density rating
system contained in the future land use element of the Collier County GMP. The maximum
density permissible or permitted in the VR district shall not exceed the density permissible
under the density rating system, except as permitted by policies contained in the future
land use element, or as designated on the Immokalee future land use map of the GMP.
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1. The following subsections identify the uses that are permissible by right and the
uses that are allowable as accessory or conditional uses in the village residential
district (VR).
* * * * * * * * * * * * *
C. Conditional uses. The following uses are permissible as conditional uses
in the village residential district (VR), subject to the standards and
procedures established in LDC section 10.08.00.
* * * * * * * * * * * * *
8. Group care facilities (category I and II); care units; nursing homes;
assisted living facilities pursuant to § 409.492 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4-193 690-193 F.A.C.; all subject to
LDC section 5.05.04.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
2.03.03 - Commercial Zoning Districts
A. Commercial Professional and General Office District (C-1). The purpose and intent of
the commercial professional and general office district C-1 is to allow a concentration of
office type buildings and land uses that are most compatible with, and located near,
residential areas. Most C-1 commercial, professional, and general office districts are
contiguous to, or when within a PUD, will be placed in close proximity to residential
areas, and, therefore, serve as a transitional zoning district between residential areas
and higher intensity commercial zoning districts. The types of office uses permitted are
those that do not have high traffic volumes throughout the day, which extend into the
evening hours. They will have morning and evening short-term peak conditions. The
market support for these office uses should be those with a localized basis of market
support as opposed to office functions requiring inter -jurisdictional and regional market
support. Because office functions have significant employment characteristics, which are
compounded when aggregations occur, certain personal service uses shall be permitted,
to provide a convenience to office -based employment. Such convenience commercial
uses shall be made an integral part of an office building as opposed to the singular use
of a building. Housing may also be a component of this district as provided for through
conditional use approval.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-1 commercial
professional and general office district.
a. Permitted uses.
20. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes;
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch.
58A5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4-193 690-193 F.A.C.; all subject
to LDC section 5.05.04.
* * * * * * * * * *
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B. Commercial Convenience District (C-2). The purpose and intent of the commercial
convenience district (C-2) is to provide lands where commercial establishments may be
located to provide the small-scale shopping and personal needs of the surrounding
residential land uses within convenient travel distance except to the extent that office
uses carried forward from the C-1 district will expand the traditional neighborhood size.
However, the intent of this district is that retail and service uses be of a nature that can
be economically supported by the immediate residential environs. Therefore, the uses
should allow for goods and services that households require on a daily basis, as
opposed to those goods and services that households seek for the most favorable
economic price and, therefore, require much larger trade areas. It is intended that the C-
2 district implements the Collier County GMP within those areas designated
agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan;
the neighborhood center district of the Immokalee Master Plan; and the urban mixed use
district of the future land use element permitted in accordance with the locational criteria
for commercial and the goals, objectives, and policies as identified in the future land use
element of the Collier County GMP. The maximum density permissible in the C-2 district
and the urban mixed use land use designation shall be guided, in part, by the density
rating system contained in the future land use element of the Collier County GMP. The
maximum density permissible or permitted in a district shall not exceed the density
permissible under the density rating system.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-2
commercial convenience district.
a. Permitted uses.
* * * * * * * * * * * * *
34. Group care facilities (category I and 11, except for homeless
shelters); care units, except for homeless shelters; nursing homes;
assisted living facilities pursuant § 400.402 429.02 F.S. and ch.
58A-5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4-193 690-193 F.A.C.i all subject to
LDC section 5.05.04.
* * * * * * * * * * * * *
C. Commercial Intermediate District (C-3). The purpose and intent of the commercial
intermediate district (C-3) is to provide for a wider variety of goods and services intended
for areas expected to receive a higher degree of automobile traffic. The type and variety
of goods and services are those that provide an opportunity for comparison shopping,
have a trade area consisting of several neighborhoods, and are preferably located at the
intersection of two -arterial level streets. Most activity centers meet this standard. This
district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning districts
typically aggregated in planned shopping centers. This district is not intended to permit
wholesaling type of uses, or land uses that have associated with them the need for outdoor
storage of equipment and merchandise. A mixed -use project containing a residential
component is permitted in this district subject to the criteria established herein. The C-3
district is permitted in accordance with the locational criteria for commercial and the goals,
objectives, and policies as identified in the future land use element of the Collier County
GMP. The maximum density permissible in the C-3 district and the urban mixed use land
use designation shall be guided, in part, by the density rating system contained in the
future land use element of the Collier County GMP. The maximum density permissible or
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permitted in the C-3 district shall not exceed the density permissible under the density
rating system.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the commercial
intermediate district (C-3).
a. Permitted uses.
41. Group care facilities (category I and 11, except for homeless
shelters); care units, except for homeless shelters; nursing homes;
assisted living facilities pursuant to § § 400.402 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4-193 690-193 F.A.C.- all subject to
LDC section 5.05.04.
* * * * * * * * * *
D. General Commercial District (C-4). The general commercial district (C-4) is intended to
provide for those types of land uses that attract large segments of the population at the
same time by virtue of scale, coupled with the type of activity. The purpose and intent of
the C-4 district is to provide the opportunity for the most diverse types of commercial
activities delivering goods and services, including entertainment and recreational
attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses
permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The outside
storage of merchandise and equipment is prohibited, except to the extent that it is
associated with the commercial activity conducted on -site such as, but not limited to,
automobile sales, marine vessels, and the renting and leasing of equipment. Activity
centers are suitable locations for the uses permitted by the C-4 district because most
activity centers are located at the intersection of arterial roads. ThereforeLthe uses in the
C-4 district can most be sustained by the transportation network of major roads. The C-4
district is permitted in accordance with the locational criteria for uses and the goals,
objectives, and policies as identified in the future land use element of the Collier County
GMP. The maximum density permissible or permitted in a district shall not exceed the
density permissible under the density rating system.
The following uses, as defined with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the general
commercial district (C-4).
a. Permitted uses.
26. Business services - miscellaneous (7381, 7389 - except
auctioneering service, automobile recovery, automobile
repossession, batik work, bottle exchanges, bronzing, cloth cutting,
contractors' disbursement, cosmetic kits, cotton inspection, cotton
sampler, directories -telephone, drive -away automobile, exhibits -
building, filling pressure containers, field warehousing, fire
extinguisher, floats -decoration, folding and refolding, gas systems,
bottle labeling, liquidation services, metal slitting and shearing,
packaging and labeling, patrol of electric transmission or gas lines,
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pipeline or powerline inspection, press clipping service, recording
studios, repossession service, rug binding, salvaging of damaged
merchandise, scrap steel cutting and slitting, shrinking textiles,
solvent recovery, sponging textiles, swimming pool cleaning, tape
slitting, texture textile designers, textile folding, tobacco sheeting,
and window trimming service).
64. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes;
assisted living facilities pursuant to § 409.402 429.02 F.S. and ch.
58A 5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4-193 690-193 F.A.C.i all subject to
LDC section 5.05.04.
* * * * * * * * * *
E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning district, the
heavy commercial district (C-5) allows a range of more intensive commercial uses and services
which are generally those uses that tend to utilize outdoor space in the conduct of the business.
The C-5 district permits heavy commercial services such as full -service automotive repair, and
establishments primarily engaged in construction and specialized trade activities such as contractor
offices, plumbing, heating and air conditioning services, and similar uses that typically have a need
to store construction associated equipment and supplies within an enclosed structure or have
showrooms displaying the building material for which they specialize. Outdoor storage yards are
permitted with the requirement that such yards are completely enclosed or opaquely screened. The
C-5 district is permitted in accordance with the locational criteria for uses and the goals, objectives,
and policies as identified in the future land use element of the Collier County GMP.
The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the heavy
commercial district (C-5).
a. Permitted uses.
76. Group care facilities (category I and II, except for homeless
shelters); care units, except for homeless shelters; nursing homes;
assisted living facilities pursuant to § 400.402 429.02 F.S. and ch.
58A-5 59A-36 F.A.C.; and continuing care retirement communities
pursuant to § 651 F.S. and ch. 4-198 690-193 F.A.C.., all subject to
LDC section 5.05.04.
# # # # # # # # # # # # #
2.03.05 - Civic and Institutional Zoning Districts
B. Community Facility District (CF). The purpose and intent of (CF) district is to implement
the GMP by permitting nonresidential land uses as generally identified in the urban
designation of the future land use element. These uses can be characterized as public
facilities, institutional uses, open space uses, recreational uses, water -related or
dependent uses, and other such uses generally serving the community at large. The
dimensional standards are intended to insure compatibility with existing or future nearby
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residential development. The CIF district is limited to properties within the urban mixed use
land use designation as identified on the future land use map. 1.
1. The following uses are permitted as of right, or as accessory or conditional uses,
in the community facility district (CF).
a. Permitted uses.
* * * * * * * * * * * * *
5. Nursing homes, assisted living facilities (ALF) pursuant to §
409.492 429.02 F.S. and ch. 58A-5 59A-36., family care facilities,
group care facilities (category 1) and continuing care retirement
communities pursuant to § 651 F.S. and ch. 4-193 690-193 F.A.C..-
all subject to LDC section 5.05.04.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
2.03.07 - Overlay Zoning Districts
* * * * * * * * * * * * *
H. Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties
abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace
S.W., as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the
Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below.
* * * * * * * * * * * * *
6. The following uses, as identified within the latest edition of the Standard Industrial
Classification Manual, or as otherwise provided for within this section, are
permitted as of right, or as uses accessory to permitted primary or secondary
uses, or are conditional uses within the Santa Barbara Commercial Overlay
District.
a. Permitted uses.
* * * * * * * * * * * * *
39. Group care facilities (category I and II, except for homeless
shelters); care units , except for homeless shelters; nursing
homes; assisted living facilities pursuant to § 40Yw:402 429.02 F.S.
and ch. 56A-5 59A-36 F.A.C.; and continuing care retirement
communities pursuant to F.S. § 651 and rh��3 � 651 F.S. and
ch. 690-193 F.A.C.; all subject to LDC section 5.05.04.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
2.03.08 - Rural Fringe Zoning Districts
A. Rural Fringe Mixed -Use District (RFMU District).
* * * * * * * * * * * *
2. RFMU receiving lands. RFMU receiving lands are those lands within the RFMU
district that have been identified as being most appropriate for development and
to which residential development units may be transferred from RFMU sending
lands. Based on the evaluation of available data, RFMU receiving lands have a
lesser degree of environmental or listed species habitat value than RFMU
sending lands and generally have been disturbed through development or
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49
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previous or existing agricultural operations. Various incentives are employed to
direct development into RFMU receiving lands and away from RFMU sending
lands, thereby maximizing native vegetation and habitat preservation and
restoration. Such incentives include, but are not limited to: the TDR process;
clustered development; density bonus incentives; and, provisions for central
sewer and water. Within RFMU receiving lands , the following standards shall
apply, except as noted in LDC subsection 2.03.08 A.1. above, or as more
specifically provided in an applicable PUD.
a. Outside rural villages.
* * * * * * * * * * * * *
(4) Design Standards.
* * * * * * * * * * * * *
(b) Clustered development:
* * * * * * * * * * * *
ii. Minimum yard requirements
a) single-family. Each single-family lot or parcel
minimum yard requirement shall be
established within an approved PUD, or shall
comply with the following standards:
* * * * * * * * * * * * *
iv) Accessory: Per LDC section 4.02.91
n nl) no
b) multi -family. For each multi -family lot or
parcel minimum yard shall be established
within an approved PUD, or shall comply with
the following standards:
* * * * * * * * * * * *
v) Accessory: LDC section 4.02.01
4.02.03.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
4.02.06 - Standards for Development within the Airport Overlay (APO)
* * * * * * * * * * * * *
L. Other areas. In addition to the height limitations imposed in LDC sections 4.02.06 (C)-(K)
above, no structure or obstruction will be permitted within Collier County that would cause
a minimum obstruction clearance altitude (MOCA), a minimum descent altitude (MDA),
decision height (DH), or a minimum vectoring altitude (MVA) to be raised nor which would
impose either the establishment of restrictive minimum climb gradients or nonstandard
takeoff minimums.
* * * * * * * * * * * * *
2. Except as otherwise provided in this section of the LDC, no structure, or object of
natural growth shall be erected, altered, allowed to grow or be maintained, which
is or would result in a potential hazard to air navigation within Collier County by
exceeding any of the following:
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a. A height of 000 499 feet above ground level at the site of the object.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
10.02.03 - Requirements for Site Development, Site Improvement Plans and Amendments
thereof
* * * * * * * * * * * * *
F. Site plan with deviations for redevelopment projects.
* * * * * * * * * * * * *
5. Public notice. Public notice of the hearing shall be as required by the LDC section
10.03.06 Q R and Chapter 6 of the Administrative Code.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
10.02.05 - Construction, Approval, and Acceptance of Required Improvements
* * * * * * * * * * * * *
B. Preliminary Acceptance of Required Subdivision Improvements by the County Engineer
or designee. Preliminary acceptance by the County Engineer or designee shall identify
that the subdivision or development is substantially safe for public occupancy.
* * * * * * * * * * * * *
2. Submittal requirements. Upon completion of all required improvements contained
in the approved construction plans, the applicant's professional engineer of record
shall provide the following materials for the review by the County Engineer or
designee:
a. SempetitiOR Completion Certificate. The applicant's professional engineer
of record shall submit a completion certificate for the required
improvements completed. The completion certificate shall be based on
information provided by the project professional surveyor and mapper and
the engineer's own observations. The completion certificate shall not be
based on "information provided by the contractor. "The applicant's
professional engineer of record shall document that the required
improvements have been installed in compliance with the approved
construction plans. Any discrepancy shall be brought to the attention of the
County Engineer or designee and resolved to the satisfaction of the County
Engineer or designee.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
10.02.13 - Planned Unit Development (PUD) Procedures
* * * * * * * * * * * * *
I. Applicability. All applications for either a PUD rezoning or an amendment to an existing
PUD document or PUD master plan submitted after January 8, 2003, shall comply with
the amended procedures set forth in LDC section 2.02.12 10.02.13 of this Code. All PUDs
existing and future, shall comply with the sunset provisions established pursuant to LDC
section 2.02.12 10.02.13 D. of this Code.
* * * * * * * * * * * * *
# # # # # # # # # # # # #
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APPENDIX A- STANDARD PERFORMANCE SECURITY DOCUMENTS FOR REQUIRED
IMPROVEMENTS
The following specimen forms are to be used as a guide for preparation of bonding
instruments which will be submitted to the Collier County Board of County Commissioners for
guaranteeing the completion of required improvements with respect to this Code. Adherence to
the forms will assure an expeditious review by the Development Services Division and the
Collier County Attorney's Office. Deviation in substance or form from the suggested specimen
forms may result in a substantial delay or disapproval of the bonding provisions for Required
Improvements by the Development Services Division or the County Attorney's Office. These
specimen forms may be revised from time to time by resolution of the Board of County
Commissioners.
Appendix A consists of the following specimen forms:
A.1. Subdivision Improvements
b. The Performance Bond shall be substantially as follows:
* * * * * * * * * *
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND
to be executed this day of
WITNESSES: (Owner Name and Title if Corporation)
I By:
Printed Name I Printed Name/Title
Printed Name
(Provide Proper Evidence of Authority)
Notarial Acknowledgement
Per Reauirements of � 117.05. Florida Statutes
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STATE OF [state]
COUNTY OF [countyl
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of [year] , by [name of person] as [type of authority, e.g.
president or vice president] for [legal name of entity] who ❑ is personally known or ❑
has produced [type of identification) as identification.
[signature of Notary Public]
[the notary public's official seall
[printed name of Notary Publicl
WITNESSES: (Surety Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
Notarial Acknowledgement
Per Requirements of 117.05, Florida Statutes
STATE OF [state]
COUNTY OF [county]
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of [yearl , by [name of personl as [type of authority, e.g.
president or vice presidentl for [legal name of entityl who ❑ is personally known or ❑
has produced [type of identification) as identification.
[signature of Notary Publicl
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[the notary public's official seal]
[printed name of Notary Publicl
A.2. Excavation Improvements
b. The Performance Bond for Excavation Work shall be substantially as follows:
* * * * * * * * * *
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this day of 20
WITNESSES: (Owner Name and Title if Corporation)
By: _
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
Notarial Acknowledgement
Per Requirements of 117.05, Florida Statutes
STATE OF [state]
COUNTY OF [countvl
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of [year] , by [name of person] as [type of authority, e.g.
president or vice president] for [legal name of entity] who ❑ is personally known or ❑
has produced [tvoe of identification] as identification.
[signature of Notary Public]
[the notary public's official seal]
[printed name of Notary Publicl
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WITNESSES:
i (Owner Name and Title if Corporation)
By: —
Printed Name/Title
Printed Name
(provide Proper Evidence of Authority)
Printed Name
Notarial Acknowledgement
Per Requirements of 117.05, Florida Statutes
STATE OF [statel
COUNTY OF [countvl
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of [year] , by [name of person] as [type of authority, e.g.
president or vice president] for [legal name of entity] who ❑ is personally known or ❑
has Droduced [tvae of identificationl as identification.
[signature of Notary Publicl
[the notary public's official seal]
[printed name of Notary Publicl
A.3. Early Work Improvements
* * * * * * * * * * * * *
b. The Performance Bond for Early Work shall be substantially as follows:
* * * * * * * * * * * *
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this day of , 20
WITNESSES: (Owner Name and Title if Corporation)
By:
18
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Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
Notarial Acknowledgement
Per Requirements of 117.05, Florida Statutes
STATE OF [statel
COUNTY OF [county]
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of [year] , by [name of personl as [type of authority, e.g.
president or vice president] for [legal name of entity] who ❑ is personally known or ❑
has produced [type of identification] as identification.
[signature of Notary Public]
[printed name of Notary Publicl
WITNESSES:
Printed Name
Printed Name
[the notary public's official seal]
(Owner Name and Title if Corporation)
By:
Printed Name/Title
(Provide Proper Evidence of Authority)
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Notarial Acknowledgement
Per Reauirements of � 117.05. Florida Statutes
STATE OF [statel
COUNTY OF [county]
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of [yearl , by [name of personl as [type of authority, e.g.
president or vice president] for [legal name of entity] who ❑ is personally known or ❑
has produced [type of identification] as identification.
[signature of Notary Publicl
[the notary public's official seal]
[printed name of Notary Publicl
* * * * * * * * * * * * *
A.4. Site Development Plan Improvements
* * * * * * * * * * * * *
b. The Performance Bond for Site Development Plans shall be substantially as
follows:
* * * * * * * * * * * *
IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be
executed this day of , 20
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
Printed Name
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Notarial Acknowledgement
Per Reauirements of & 117.05. Florida Statutes
STATE OF fstatel
COUNTY OF [county]
The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑
online notarization, this day of [yearl , by [name of personl as [type of authority, e.g.
president or vice Dresidentl for Heaal name of entitvl . who ❑ is Dersonallv known or ❑
has produced [type of identification] as identification.
[signature of Notary Public]
[the notary public's official seal]
[printed name of Notary Publicl
WITNESSES: (Owner Name and Title if Corporation)
By:
Printed Name Printed Name/Title
(Provide Proper Evidence of Authority)
7 Printed Name
Notarial Acknowledgement
Per Requirements of � 117.05, Florida Statutes
STATE OF [state]
COUNTY OF fcountvl
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The foreaoina instrument was acknowledaed before me by means of ❑ Dhvsical Dresence or ❑
online notarization, this day of [year] , by [name of person] as [type of authority, e.g.
president or vice president] for [legal name of entity] who ❑ is personally known or ❑
has produced [type of identification) as identification.
[signature of Notary Public]
[the notary public's official seall
[printed name of Notary Publicl
* * * * * * * * * * * * *
# # # # # # # # # # # #
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EXHIBIT A
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F.S. and F.A.C. Correction Table
LDC Section or Zoning District-
Term/Use
Prior Citation
Updated
Citation
1.08.0212.03.02LDC 1.08.02
Definitions:
Assisted Living Facility
400.407 F.S.
400.62 F.S.
Family Care Facility
10A-5019 F.A.C.
59A-36.00 F.A.C.
LDC Zoning Districts: A, E, RSF-1
through 6, RMF-6, RMF-12, RMF-16,
RT, VR, C-1 through C-5, CF and the
Overlay Zoning District for SBCO.
Assisted Living Facility
400.402 F.S.
429.02 F.S.
58A-5 F.A.C.
59A-36 F.A.C.
Continuing Care Facilities
4-193 F.A.C.
690-193 F.A.C.
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EXHIBIT B
Federal Aviation Administration DOT: 14 CFR Part 77, Subpart C § 77.17
Federal A-Antion Adrnrnisfration, DOT
410 AVadlablb for trublic. usu and its
listed to the AiiTar-Pwiitty fiireo-
WIT, $kippjsanient Alasjra, or Suppla-
meat Pacific of the U.S. Goverument
FliKht LhformaUion Fublic:alions= -or
(2) A 1plmmeA or proposed Mrport or
atn airpnrt an-deT construction of whirlh
the FAA has raceived actual notice, ex-
cept. DIDD air W-ts- lwhero tbm* 1s a
cle<'�r indication the afrlrort sill be
xvailahle for pahlic use; or.
IS} An sirpart operated by a Federal
owcney or jibe DOD; or.
fir An , ll port that h" at least One
FAA -approved rnrttrument approach.
17747 Qbstrw6on sAmodardu-
€a; An ex1st1nt{ object. Including a
p-,rblle. object, Ia. an-d a future pbauGt
would be an obstruction bo air naviga-
LLon if ib is -of grcaLer Might than any
o[ Uhe 10110wing heights of surfaces;
(1) A height of 499 feat AGLo at the
Ate of the object.
18} A hci-g:ht that is ZD9 feet AGL, or
atbo9e the established Mrpoa ele-
vatiQn. whichaver is higher, within 9
nautical miles off the established rer-
eranc-e pobnL of ns r►irpori.. excludi is
kiet1l)OM, WILdi IV;3 1031ge'4 runway
MOT-k- than a.WO feet, In Actual lengt-h.
and that height increases in the pro-
partiou flf 1150 feel, for each addiLiaoal
dnuG1Q.0 mile from Me L%Jrport " to tti
maximum otj teat,
iS) A height within a terminal alaata-
cla cleara,nuc area_ including an Jrlibial
tl4x1j1ri014C$ segment, PL dep4xtexe oweal
and a ctrrllTLg aPDrOACh ArNL. which
would result in the vortical distance
bctw,3en any point, sm L,h-e abject and Err+
established tninLmum iTlisLrfxtncmt
111W, altitude within that area or veg-
ment to be leas tbAn the required otr
stale clearance.
(4) A hcilrht within d►rr en route ubxSt-ft-
cle clearance »ice, m6uding turn and
termination areas, o-f x Fe4eral AJrwzv
or approved off -airway mute that
would incruase Lh-o rnihirnam obsupoly
oleaxance R.ltltutle.
60 Tho surtuo of a takeoff and land-
ing area -of an airport ar any imaginary
asuifw,a tst►kbIlsh d madrr• §77.19, MEL
or r7, , However. no part of the take-
off nr 1aMdrapr area ltaelf will he cmziAid-
ared an obst-ruotion.
ibs Except for =V=u Ways on fir
ue:4r M alfporb with an operative
2
§77.19,
gruund LtaMt- uuntr0l sorVioa €tirkhribud
by au Airport ti-aMe control tower or
by the airport TnaDagi-rl]etlt an-d c-G4Fd5-
nated with the air traffic -control serv-
i6t- Uhe standards of PatWaph laj o-f
tb1s ses:kdon arrly to traverse w e,
used or to ba u60d for Gho pwago of
mobile objoctu only aftar the heights o-f
these travinse ways are increased by:
tll 17 fa-Dt furl an lrrLet•staLc Higbwa}
that is paxt of the National System of
MJ)Itar'y &no 1nt*Mtate Ifthwaya
where urgrcrmaings a,re deEfgned for a
minimum of 17 feet VurticEd dintmica.
t21 15 feet for any ether frublic road-
way.
(2) 10 feet or the height of the highest,
mobile objec6 that would normally Lrar
versa the row , w111ehewor it Rr&aAot,
for a prlwto road-
(1) 28 feet tor a railroad_
(5) For a watarxay ar any Other tray
vd-rse waY not l:ftV1ou81Y m-antioned,
an amount eQw►1 to the height of the
hig}test rnnbila object OlAt, wnuM uor-
malt7 traverse it.
§77_12 CM1 Aiepuet 6hagmAry %ur-
faces.
The fullowiug civil airport imaginary
surfines are established with relation
to Gho airpol-t and to each rutiWay. The
siae of each such imaggm%ry surface ire
based on the fiatsgpl-y of aach runway
according to- the bypa of appmmlt
available rrr plaanssd for thRL runwrsy.
The slw and dimensions of the arm
proach aurfao4v applied to eub end of a
runway are deLermined by the ma6L
precise approach procedure existing or
111am-od for that ranw" ond.
(a) Nort vnW suvacc. A horis0ut>kl
plape, j,%feet abgvu the establii�lted aJT-
port elevation, the perimeter of which
is c4nstrti�ted by SW.itngiimic aru -of a
8p043U1&d radii IILom the oenter of etch
aid of the pri rpary aarlAce nP P"b FmTL-
way of each airport and connecting- the
adjacent mzs by linen Lancet bn those
€w'es. The rA$Lus of each are is;
(l) 5,0W N-et for all Vh nwava dca-
ignatad 24 utility Or visual;
t2j 10-000 feet far all other runways.
The rndi+is of tho ass: specbfietd fur each
end of a r'UJJW Y w111 hale thC6 same a r-
itltmetical value. ThFit value will be
the highast determined for either and
of the run-Wa.Y. Shen a 5,DOO-foor, are is
encoxapa ed by �UWHtg 00n.nectitS
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